Judge Chastises Trump Lawyers Over Desperate New Move to Overturn Felony Convictions

The former president's lawyers are accused of trying to take "two bites at the apple" in their latest legal maneuver.

Published on Feb. 4, 2026

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President Donald Trump's lawyers were reprimanded by a federal judge on Wednesday for attempting to get the former president's felony convictions overturned through a new legal strategy. In May 2024, Trump was convicted of 34 felony counts related to hush money payments made to adult film star Stormy Daniels during his first presidential campaign. Trump's lawyers argued they waited to appeal the case to federal court to exhaust state court options, but the judge accused them of trying to take "two bites at the apple" and making a "choice" that they didn't have to make.

Why it matters

Trump's felony convictions are a significant legal and political development, as a former U.S. president has rarely faced such serious criminal charges. The judge's criticism of the defense team's tactics highlights the challenges they face in overturning the convictions, which could have major implications for Trump's future political aspirations.

The details

In May 2024, Trump was convicted of 34 felony counts for falsifying dozens of business records related to a hush money payment he gave to adult film star Stormy Daniels to keep quiet about an affair the two had years before. Prosecutors in Manhattan District Attorney Alvin Bragg's office concluded that the payments were part of a scheme to influence the election results during Trump's first presidential campaign. Trump's lawyers argued they waited to appeal the case to federal court to ensure they had exhausted their chances in state court, but the judge accused them of trying to take "two bites at the apple" and making a "choice" that they didn't have to make.

  • In May 2024, Trump was convicted of 34 felony counts.
  • In November, judges on the 2nd U.S. Circuit Court of Appeals ordered New York federal judge Alvin K. Hellerstein to review the case again.
  • On Wednesday, Trump's lawyers appeared before Judge Hellerstein.

The players

Donald Trump

The former president of the United States who was convicted of 34 felony counts related to hush money payments made during his first presidential campaign.

Alvin Bragg

The Manhattan District Attorney whose office prosecuted Trump and concluded the hush money payments were part of a scheme to influence the election results.

Alvin K. Hellerstein

The New York federal judge presiding over the review of Trump's case, who chastised the former president's lawyers for their legal tactics.

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What they’re saying

“That is a decision on your part. You didn't have to do that. You could have come right to the federal court. Just by filing a notice of removal, there would be no sentencing.”

— Alvin K. Hellerstein, Federal Judge (Politico)

“You sought two bites at the apple.”

— Alvin K. Hellerstein, Federal Judge (Politico)

What’s next

The judge in the case will decide on whether to allow Trump's lawyers to continue their appeal in federal court.

The takeaway

This case highlights the legal challenges Trump faces in overturning his felony convictions, which could have significant implications for his political future. The judge's criticism of the defense team's tactics underscores the uphill battle they face in convincing the court to grant their request.